Devine v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Charles Devine against the Brooklyn Heights Railroad Company. From a judgment foh plaintiff, and an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtWoodward, J.
The plaintiff in this action was injured in a collision between a car operated by the defendant and a wagon driven by the plaintiff in one1 of the streets of the borough of Brooklyn. The accident occurred on the 19th day of December, 1896, at 6:20 p. m., at a point between Seventy-Seventh and Seventy-Eighth streets, on Third avenue. The plaintiff was driving on the avenue, using the tracks of the defendant. There was evidence to show that the night was dark, and that the highway was not well lighted. The plaintiff had been driving on the tracks of the defendant for a considerable distance,…
2Cases cited4 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Quinn v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Mapes v. Union RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Thomson v. BaumannCity of New York Municipal Court · 1901